63Determination of WWC category B application

63 Determination of WWC category B application

S. 63(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).

(1) The Regulator must refuse to give a WWC clearance on a WWC category B application unless satisfied that doing so would not pose an unjustifiable risk to the safety of children, having regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to child‑related work; and

(b) the period of time since the applicant committed, or allegedly committed, the offence; and

(c) whether a finding of guilt or a conviction was recorded for the offence or a charge for the offence is still pending; and

(e) the ages of the applicant and of any victim at the time the applicant committed, or allegedly committed, the offence; and

(f) whether or not the conduct that constituted the offence or to which the charge relates has been decriminalised since the applicant committed, or allegedly committed, the offence; and

(g) the applicant's behaviour since the applicant committed, or allegedly committed, the offence; and

S. 63(1)(j) amended by No. 58/2025 s. 125(Sch. 2 item 1.91).

(j) any other matter that the Regulator considers relevant to the application.

S. 63(2) amended by No. 58/2025 s. 125(Sch. 2 item 1.92).

(2) For the purposes of subsection (1), in order to be satisfied that giving a WWC clearance would not pose an unjustifiable risk to the safety of children, the Regulator must be satisfied that—

(a) a reasonable person would allow their child to have direct contact with the applicant while the applicant was engaged in any type of child-related work; and

(b) the applicant's engagement in any type of child-related work would not pose an unjustifiable risk to the safety of children.